All parents want the best for their children, and leaving their care to someone else can be a stressful prospect. Most daycare centers provide loving and compassionate care to their attendees. Unfortunately, accidents happen. When your child comes home from daycare with an injury, you might feel mad, confused, or wonder who is liable for their injuries. Learn your legal options and if you should contact an KC personal injury attorney.
Types of Daycare Injuries
There are several scenarios in which a child may incur injury at daycare, but some instances are more common than others. Your child may become injured at daycare:
On the playground. Playgrounds provide a wonderful opportunity for children to burn energy and solve mental challenges while making friends. Unfortunately, they can also be dangerous; more than 200,000 children report to emergency rooms for playground injury each year.
In a fight with another child. Children fight, but when bickering leads to injury, a daycare center might be liable for any damages.
Abuse and neglect. While rare, a supervisor’s abuse or neglect may lead to serious injury. Neglect rises to physical abuse when a child experiences harm as a result.
Who’s Liable for Daycare Injuries?
If your child sustained an injury at a Kansas City daycare and you want to pursue a claim, the first step will be to determine if there was “negligent supervision.” Was the person responsible for your child’s safety careless or irresponsible? Anyone who supervises children may be liable for injury, including:
The daycare facility
Negligent supervision claims typically arises from inattention or inaction. For example, you may have legal grounds for a negligent supervision claim if:
The daycare center lacks an appropriate staff to student ratio.
A caregiver fails to adequately protect from hazards such as pools or traffic.
A facility fails to properly maintain fencing or equipment.
A caregiver fails to monitor a potentially aggressive child who injures another.
Proving a Negligent Supervision Claim
Negligent supervision claims hinge on providing sufficient evidence for the following:
That the daycare center had an obligation to monitor your child – for example, you signed a contract that stated the center would provide service in exchange for tuition.
The person in charge of supervising your child committed negligence – in other words, a similarly trained person would have acted differently in the same circumstances.
That negligence directly led to your child’s injuries.
A supervisor could have foreseen the injuries.
Your Daycare Injury Attorney in Kansas City
Our children are vulnerable, and parents have a natural instinct to protect them from harm. At Wendt Law P.C., we believe that no one should have to pay the price for someone else’s negligence – but least of all children. Daycare injuries are serious matters and require an experienced and compassionate legal advocate.
If you believe you have legal grounds for a negligent supervision claim, contact us to arrange for a free initial consultation. We’ll review the specifics of your case and help you decide your next best steps. Schedule yours today.